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    1. #1

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      Finance Broker
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      457 Visa and pregnancy

      I was just after some advise or knowledge on getting pregnant on a 457 visa.

      I have searched through previous posts - but I can't seem to find an answer for when the main sponsor on the 457 is the pregnant one!!

      My partner and I have been on the 457 visa now for 2yrs, with me being the main person and sponsored through my employer. (We have been in Australia now for 3yrs and hope to apply for our PR next July). We are wanting to start a family, but are unsure on where we would stand with regards to maternity leave etc.

      Surely if the visa we are on is dependant on me being employed, then what would happen if I was to have a baby? Would we be breaking rules of our visa?? I love my job and would return to work, so would it just be up to what my employer thinks, or are there set rules????

      Any information or advise would be greatly appreciated!!

      Bernice Major - Finance Broker
      bmajor@firstcharteredcapital.com.au

    2. #2

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      I asked our company's immigration firm this a couple of months ago (ironically about 2 weeks before I found out I was pregnant myself!). Here's the reply, hope it helps:

      In regards to your query, 457 visa holders are subject to a mandatory 8107 condition where they must be engaged in full-time work in the nominated occupation and for the approved sponsor. Concurrently, 457 visa holders are also entitled to 12 months unpaid parental leave under Australian industrial relations law.


      In order to accommodate this entitlement, a 457 visa holder may not be considered in breach of the 8107 condition if they are on approved unpaid leave where it has been:
      • made in the form of a formal application in writing to the employer;
      • approved by the employer; and
      • does not exceed 12 months or the remaining visa period.

      We would recommend that you keep records of all unpaid leave undertaken by a 457 visa holder in the event that the company is monitored by DIAC. Although the company is not required to meet any minimum pay rates during the approved period of unpaid leave, when the employee returns to full-time work, it is the company's obligation to ensure that the 457 visa holder is paid the 'market salary rate' for their role.

      Finally, should a 457 visa holder wish to apply for permanent residency under the Employer Nominated Scheme (ENS) via the pathway of having worked in the nominated occupation for two years in Australia, with at least one year with the sponsoring employer immediately before the application, then the unpaid parental leave may impact upon the length of time the visa holder is required to have engaged in 'full-time' work prior to an ENS application. That is, the unpaid leave will generally not be included when assessing 'full-time' employment undertaken by the visa holder.

    3. #3

      Title
      Finance Broker
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      Thanks Monstermunch!
      Very helpful. I guess when the time is right I should have a chat with my employer to at least check that its going to be ok with him!!
      Bernice Major - Finance Broker
      bmajor@firstcharteredcapital.com.au

     

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